{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-307.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-307.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-307.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-307.html"}],"law_id":54664,"edition_id":1,"section_id":54664,"structure_id":13685,"section_number":"64.2-307","catch_line":"Rights in family residence","history":"1990, c. 831, \u00a7 64.1-16.4; 2012, c. 614.","full_text":"Until the surviving spouse’s rights in the principal family residence have been determined and satisfied by an agreement between the parties or a final court decree, in cases (i) where the principal family residence passes under the provisions of \u00a7 64.2-200 and the decedent is survived by children or their descendants, one or more of whom are not children or their descendants of the surviving spouse, or (ii) where the surviving spouse claims an elective share in the decedent’s augmented estate under this article, the surviving spouse may hold, occupy, and enjoy the principal family residence and curtilage without charge for rent, repairs, taxes, or insurance. If the surviving spouse is deprived of possession of the principal family residence and curtilage, upon the filing of a complaint for unlawful entry or detainer, he is entitled to recover possession of such residence and damages sustained by him by reason of such deprivation during the time he was so deprived. Nothing in this section shall be construed to impair the lien or delay the enforcement of such lien of the Commonwealth or any locality for the taxes assessed upon the property.","order_by":null,"text":{"0":{"id":200702,"text":"Until the surviving spouse’s rights in the principal family residence have been determined and satisfied by an agreement between the parties or a final court decree, in cases (i) where the principal family residence passes under the provisions of \u00a7 64.2-200 and the decedent is survived by children or their descendants, one or more of whom are not children or their descendants of the surviving spouse, or (ii) where the surviving spouse claims an elective share in the decedent’s augmented estate under this article, the surviving spouse may hold, occupy, and enjoy the principal family residence and curtilage without charge for rent, repairs, taxes, or insurance. If the surviving spouse is deprived of possession of the principal family residence and curtilage, upon the filing of a complaint for unlawful entry or detainer, he is entitled to recover possession of such residence and damages sustained by him by reason of such deprivation during the time he was so deprived. Nothing in this section shall be construed to impair the lien or delay the enforcement of such lien of the Commonwealth or any locality for the taxes assessed upon the property.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13685,"edition_id":1,"name":"Elective Share of Surviving Spouse","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":12864,"metadata":{},"date_created":"2026-06-26 03:45:33","date_modified":"2026-06-26 03:45:33","permalink":{"id":272945,"object_type":"structure","relational_id":13685,"identifier":"1","token":"64.2\/II\/3\/1","url":"\/64.2\/II\/3\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12864,"edition_id":1,"name":"Rights of Married Persons","identifier":"3","label":"chapter","depth":3,"order_by":1,"parent_id":12863,"metadata":{},"date_created":"2026-06-26 03:43:57","date_modified":"2026-06-26 03:43:57","permalink":{"id":272943,"object_type":"structure","relational_id":12864,"identifier":"3","token":"64.2\/II\/3","url":"\/64.2\/II\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12863,"edition_id":1,"name":"Wills and Decedents' Estates","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12723,"metadata":{},"date_created":"2026-06-26 03:43:57","date_modified":"2026-06-26 03:43:57","permalink":{"id":272911,"object_type":"structure","relational_id":12863,"identifier":"II","token":"64.2\/II","url":"\/64.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12723,"edition_id":1,"name":"Wills, Trusts, and Fiduciaries","identifier":"64.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":272781,"object_type":"structure","relational_id":12723,"identifier":"64.2","token":"64.2","url":"\/64.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":82689,"structure_id":13685,"section_number":"64.2-300","catch_line":"Applicability; definitions","url":"\/64.2-300\/","token":"64.2\/II\/3\/1\/64.2-300","metadata":false},{"id":65456,"structure_id":13685,"section_number":"64.2-301","catch_line":"Dower or curtesy abolished","url":"\/64.2-301\/","token":"64.2\/II\/3\/1\/64.2-301","metadata":false},{"id":75301,"structure_id":13685,"section_number":"64.2-302","catch_line":"When and how elective share may be claimed by surviving spouse","url":"\/64.2-302\/","token":"64.2\/II\/3\/1\/64.2-302","metadata":false},{"id":67214,"structure_id":13685,"section_number":"64.2-303","catch_line":"Extension of time until after determination of action for construction of will or extent of augmented estate","url":"\/64.2-303\/","token":"64.2\/II\/3\/1\/64.2-303","metadata":false},{"id":75855,"structure_id":13685,"section_number":"64.2-304","catch_line":"Rights upon claiming an elective share","url":"\/64.2-304\/","token":"64.2\/II\/3\/1\/64.2-304","metadata":false},{"id":60057,"structure_id":13685,"section_number":"64.2-305","catch_line":"Augmented estate; exclusions; valuation","url":"\/64.2-305\/","token":"64.2\/II\/3\/1\/64.2-305","metadata":false},{"id":62978,"structure_id":13685,"section_number":"64.2-306","catch_line":"Charging spouse with the value of property received; liability of others for balance of elective share","url":"\/64.2-306\/","token":"64.2\/II\/3\/1\/64.2-306","metadata":false},{"id":54664,"structure_id":13685,"section_number":"64.2-307","catch_line":"Rights in family residence","url":"\/64.2-307\/","token":"64.2\/II\/3\/1\/64.2-307","metadata":false},{"id":75762,"structure_id":13685,"section_number":"64.2-308","catch_line":"Statutory rights barred by desertion or abandonment","url":"\/64.2-308\/","token":"64.2\/II\/3\/1\/64.2-308","metadata":false}],"previous_section":{"id":62978,"structure_id":13685,"section_number":"64.2-306","catch_line":"Charging spouse with the value of property received; liability of others for balance of elective share","url":"\/64.2-306\/","token":"64.2\/II\/3\/1\/64.2-306","metadata":false},"next_section":{"id":75762,"structure_id":13685,"section_number":"64.2-308","catch_line":"Statutory rights barred by desertion or abandonment","url":"\/64.2-308\/","token":"64.2\/II\/3\/1\/64.2-308","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-307\/","history_text":"

This law was first created in 1990. The record of its establishment is cataloged in chapter 831 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1990 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2012, chapter 614<\/a>.<\/p>","references":[{"id":58287,"section_number":"64.2-311","catch_line":"Homestead allowance","order_by":null,"url":"\/64.2-311\/"}],"refers_to":[{"id":63124,"section_number":"64.2-200","catch_line":"Course of descents generally; right of Commonwealth if no other heir","order_by":null,"url":"\/64.2-200\/"}],"permalink":{"id":272975,"object_type":"law","relational_id":54664,"identifier":"64.2-307","token":"64.2\/II\/3\/1\/64.2-307","url":"\/64.2-307\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-307\/","token":"64.2\/II\/3\/1\/64.2-307","dublin_core":{"Title":"Rights in family residence","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-307","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Until the surviving spouse’s rights in the principal family residence have been determined and satisfied by an agreement between the parties or a final court<\/span> decree<\/span>, in cases (i) where the principal family residence passes under the provisions of \u00a7 64.2-200<\/a> and the decedent is survived by children or their descendants, one or more of whom are not children or their descendants of the surviving spouse, or (ii) where the surviving spouse claims an elective share in the decedent’s augmented estate under this article, the surviving spouse may hold, occupy, and enjoy the principal family residence and curtilage without charge for rent, repairs, taxes, or insurance. If the surviving spouse is deprived of possession<\/span> of the principal family residence and curtilage, upon the filing of a complaint for unlawful entry or detainer, he is entitled to recover possession<\/span> of such residence and damages<\/span> sustained by him by reason of such deprivation during the time he was so deprived. Nothing in this section shall be construed to impair the lien<\/span> or delay the enforcement of such lien<\/span> of the Commonwealth or any locality for the taxes assessed upon the property.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRIGHTS IN FAMILY RESIDENCE (\u00a7 64.2-307)\n\nUntil the surviving spouse’s rights in the principal family residence have\nbeen determined and satisfied by an agreement between the parties or a final\ncourt decree, in cases (i) where the principal family residence passes under the\nprovisions of \u00a7 64.2-200 and the decedent is survived by children or their\ndescendants, one or more of whom are not children or their descendants of the\nsurviving spouse, or (ii) where the surviving spouse claims an elective share in\nthe decedent’s augmented estate under this article, the surviving spouse\nmay hold, occupy, and enjoy the principal family residence and curtilage without\ncharge for rent, repairs, taxes, or insurance. If the surviving spouse is\ndeprived of possession of the principal family residence and curtilage, upon the\nfiling of a complaint for unlawful entry or detainer, he is entitled to recover\npossession of such residence and damages sustained by him by reason of such\ndeprivation during the time he was so deprived. Nothing in this section shall be\nconstrued to impair the lien or delay the enforcement of such lien of the\nCommonwealth or any locality for the taxes assessed upon the property.\n\nHISTORY: 1990, c. 831, \u00a7 64.1-16.4; 2012, c. 614.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}